Art. 63. Rules for the application of INDIVISIBLE PENALTIES.

In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating circumstances that may have attended the commission of
the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following
rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances in the commission of the deed,
the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the
court shall reasonably allow them to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance with the preceding rules,
according to the result of such compensation.

Rules for the application of indivisible penalties:

1.) Penalty is single and indivisible

The penalty shall be applied regardless of the presence of mitigating or aggravating circumstances.
Ex. reclusion perpetua or death
2.) Penalty is composed of (2) TWO indivisible penalties
a) One aggravating circumstance present: HIGHER penalty
b) No mitigating circumstances present: LESSER penalty
c) Some mitigating circumstances present and no aggravating: LESSER penalty
d) Mitigating and aggravating circumstances = Offset each other
a. Basis of penalty: number and importance.
Art. 64. Rules for the application of DIVISIBLE PENALTIES

1. No aggravating and No mitigating: MEDIUM PERIOD

2. One mitigating: MINIMUM PERIOD
3. One aggravating: (NOTE: regardless of the number of aggravating circumstances, the courts
cannot exceed the penalty provided by law in its maximum period): MAXIMUM PERIOD
4. Mitigating and aggravating circumstances present: to offset each other according to relative
weight
5. Two or more mitigating and no aggravating: one degree lower (has the effect of a privileged
mitigating circumstance)
6. Whatever may be the number and nature of the Aggravating circumstances = court shall not
impose a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the courts shall determine the extent of the penalty according to
the number and nature of the aggravating and mitigating circumstances and the greater or lesser
extend of the evil produced by the crime.

NOTE: Art. 64 DOES NOT APPLY TO:

1) Indivisible penalties
2) Penalties prescribed by special laws
3) Fines
4) Crimes committed by negligence